Cubans voted overwhelmingly to legalize same-sex marriage, making the communist island the 33rd country in the world to stop defining marriage as exclusive between a man and a woman.
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The new Family Code of Cuba also allows non-profit surrogacy (also called surrogacy), a practice in which a woman carries another woman’s or couple’s baby to term (“solidarity gestation”).
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Here is an overview of the situation around the world.
Europe, pioneers of same-sex marriage
In 2001, Netherlands became the first country in the world to allow same-sex couples to marry.
Since then, they have followed 17 European countries: Austria, Belgium, United Kingdom, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Norway, Portugal, Spain, Sweden, Slovenia and Switzerland.
Most also allow same-sex couples adopt.
Some countries allow same-sex couples to form civil unions but not to marry. This is the case of the Czech Republic, Croatia, Cyprus, Estonia, Greece, Hungary and Italy.
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Most Eastern European countries do not allow same-sex marriage or civil unions.
In Russiahomosexuality was considered a crime until 1993 and a mental illness until 1999. Although it is now legal, a 2013 law punishes the promotion of homosexuality among minors.
In Hungarya law passed in 2021 made “promoting” homosexuality or gender change among minors punishable by a fine.
Assisted reproduction for lesbian couples is allowed in 12 European countries; the Nordic countries, Belgium, the Netherlands, the United Kingdom, Spain, Austria, Ireland and France.
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Far fewer countries allow surrogate motherhood, as is the case in Russia and Ukraine, a practice that receives much criticism for turning women into “wombs for rent”.
It’s also legal in Belgium, the Netherlands, and the UK, but France, Germany, Italy, Spain, Sweden, and a handful of other countries ban all types of surrogacy.
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Advances in America
Canada It was the first country in America to authorize same-sex marriage in 2005.
It also allows same-sex adoptions, medically assisted reproduction, and non-profit surrogacy.
In USAthe Supreme Court took another 10 years to rule that the Constitution guaranteed the right to same-sex marriage.
But after the Court’s recent U-turn on abortion rights, many activists are concerned that judges can now change their minds on gay marriage too.
Commercial surrogacy is allowed in some states in the United States.
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In Latin America, Argentina, Brazil, Colombia, Ecuador, Costa Rica, Chile, Uruguay and now also Cuba They allow same-sex marriage. Several countries, such as Brazil and Colombia, also allow non-commercial surrogacy.
In Mexicothe federal capital was the pioneer, authorizing homosexual civil unions in 2007 and marriages in 2009. Since then, the vast majority of the 32 Mexican states have followed suit.
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Taiwan, the first in Asia
While much of Asia tolerates homosexuality, Taiwan became the first in the region to allow same-sex marriage. after a landmark ruling by its Constitutional Court in 2017.
In Vietnam, the ban on gay marriage was officially lifted in 2015, but there is still no law that legally recognizes such a union.
In June 2022, Thailand moved closer to same-sex marriage when lawmakers gave their initial approval to legalize unions.
India’s Supreme Court in 2018 decriminalized gay sex, and in August 2022 Singapore announced it would do the same. Thailand and India, both leading destinations for commercial surrogacy in the past, have clamped down on the practice in recent years..
Gay marriage and adoption for same-sex couples are allowed in New Zealand and Australia.
Near total ban in Africa
South Africa it is the only nation on the African continent that allows same-sex marriage, which it legalized in 2006, but prohibits commercial surrogacy.
About 30 African countries ban homosexuality; Mauritania, Somalia and Sudan They have the death penalty for same-sex relationships.
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Gay sex is permitted or has been decriminalized in Angola, Botswana, Cape Verde, Democratic Republic of the Congo, Gabon, Ivory Coast, Lesotho, Madagascar, Mali, Rwanda, and Seychelles.
Middle East: still repressive
Several Middle Eastern countries still have the death penalty for homosexuality, including Iran, Saudi Arabia and the United Arab Emirates.
Israel leads the way in terms of gay rights, recognizing same-sex marriages that take place elsewhere, while not allowing such unions in the country itself. Homosexual couples can adopt children.
AFP
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